Expert Guidance on Supreme Court of Appeal Procedure
Applications before the Supreme Court of Appeal (“SCA”) are highly technical and strictly regulated. Recent amendments to section 17(2)(f) of the Superior Courts Act 10 of 2013 have significantly altered the legal test applicable to SCA petitions and applications for reconsideration, making specialist guidance essential.
Our firm provides focused assistance to attorneys and advocates nationwide in navigating SCA petition procedures, compliance requirements, and exceptional reconsideration applications under the amended statutory framework.
What Is an SCA Petition?
An SCA petition is an application brought to the Supreme Court of Appeal where leave to appeal has been refused by a lower court. The petition process is governed by section 17 of the Superior Courts Act and the Rules of the SCA and is designed to ensure that only matters raising genuine prospects of success or issues of legal importance proceed on appeal.
SCA petitions are decided on the papers by a panel of judges, without oral argument, making precision, structure, and procedural compliance critical.
Amendment to Section 17(2)(f): A New Legal Test Applies
With effect from 3 April 2024, section 17(2)(f) was amended to introduce a new statutory test applicable to all applications brought under this provision.
The amended section provides that:
- The decision of the majority of judges considering a petition, or
- The decision of the court,
to grant or refuse leave to appeal is final.
However, a narrow exception has been introduced.
Section 17(2)(f) Reconsideration: The “Grave Failure of Justice” Threshold
Under the amended section 17(2)(f), the President of the Supreme Court of Appeal may intervene only where a grave failure of justice would otherwise result.
In such exceptional circumstances, the President may:
- Act mero motu, or
- Act on application brought within one month of the decision,
and refer the decision to the court for reconsideration and, if necessary, variation.
This means that section 17(2)(f) reconsideration applications are no longer a routine procedural step. They are extraordinary remedies, reserved for truly exceptional cases.
What Does This Mean in Practice?
1. Finality Is the Default Position
The SCA has reaffirmed that petition decisions are final in almost all cases. Dissatisfaction with the outcome or disagreement with the reasoning does not meet the statutory threshold.
2. A High Evidentiary Burden
Applicants must demonstrate a grave failure of justice, not merely an error of law. This is a substantially higher bar than ordinary appeal grounds.
3. Strict Time Limits
Any application invoking section 17(2)(f) reconsideration must be filed within one month of the SCA decision. Late applications face near-certain dismissal.
4. Procedural Precision Is Essential
Non-compliance with SCA rules, incorrect framing of relief, or failure to address the amended test may render an application fatally defective.
Our SCA Petition and Reconsideration Services
We assist instructing attorneys, correspondent firms, and counsel with:
- Drafting and settling SCA petitions
- Assessing whether a matter meets the section 17(2)(f) grave failure of justice threshold
- Preparing section 17(2)(f) reconsideration applications where justified
- Ensuring strict compliance with SCA practice directives and filing requirements
- Acting as correspondent attorneys in Bloemfontein for SCA matters
Our approach prioritises legal certainty, procedural accuracy, and realistic outcomes.
Why Specialist SCA Experience Matters
The Supreme Court of Appeal operates under unique procedural and institutional constraints. Errors in petitions or reconsideration applications are rarely curable and often fatal to a litigant’s case.
Engaging attorneys experienced in SCA petitions and section 17(2)(f) reconsideration ensures that:
- The correct legal test is applied
- Time limits are strictly observed
- Applications are properly structured and supported
- Clients are advised candidly on the viability of further litigation
Need Assistance with an SCA Petition or Reconsideration?
If you require guidance on an SCA petition, advice on whether a section 17(2)(f) reconsideration application is viable, or reliable SCA correspondent attorneys in Bloemfontein, we are well placed to assist.
Contact us for focused, practical, and procedurally sound support in Supreme Court of Appeal matters.
